You should get an attorney for the final restraining order hearing, even if you are the plaintiff. You will have to prove your case in order to have the court rule in your favor and issue a final restraining order.
Full Answer
A restraining order doesn’t explicitly restrict the actions of its plaintiff; it’s presumed that you wouldn’t have wasted the court’s time and taxpayers’ money by applying for a restraining order you didn’t intend to honor. “If I put a restraining order on the person living in my house, do they have to leave immediately?”
I’m a writer, not an attorney. If in doubt, consult a licensed professional. If you are the defendant in a restraining order case (that is, if you are the recipient of a restraining order), especially one based on false/fraudulent allegations:
So the party line is that defendants (the “bad guys”) are the ones who need to be restrained from contacting plaintiffs (the “victims”). Remember that lawmakers (who have no exposure to how their laws are implemented—or how they’re abused) are the ones who make the rules.
False reporting to a police officer is a misdemeanor crime that could only be prosecuted by the county/district attorney’s office. “Can a police officer work in a town if someone has a restraining order against them?” That’s probably a question for HQ (police admin).
At the hearing, the respondent may plead their case, present favorable evidence, have witnesses testify on their behalf, and demonstrate any other reason why the court should deny the protective order. The respondent may also have an attorney defend them at the hearing.
Kick out orders are basically a way to legally kick someone out of his or her home for a certain period of time. These restraining orders are used as a form of protection against established or threatened domestic violence issues.
The protective order will remain on your permanent record and could make it hard to find a job, get public housing or secure financing.
If the court issues an extended order for protection, the adverse party can file an appeal to the district court. (There is no appeal allowed if the court denies an application to extend a protection order, only if the court grants the extension.)
Kick Out Orders: Temporary Exclusive Occupancy of the Residence. In Texas, the general rule is that you may not chose to lock your spouse or significant other out of the marital residence, you need a court order that may only be issued after the other party receives proper legal notice and a judicial hearing.
Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.
It is important to remember that a Protective Order is not a custody determination and can not be used by one party to gain an advantage in a divorce proceeding. How much does a Protective Order cost? Applying for a Protective Order is free.
A non-molestation order is a kind of injunction which can protect you and any relevant child from violence or harassment. You can obtain a non-molestation order against someone who has been physically violent or against someone who is harassing, intimidating or pestering you.
Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order. This legal motion must usually identify the parties.
A protection order may be varied, withdrawn or set aside if the complainant makes an application for variation or rescission, but only if the court is satisfied that the application is being made freely and voluntarily.
Once a protection order is granted, it is valid until the victim withdraws it. If the perpetrator lodges an appeal, the order will continue to operate until it is cancelled by the appeal court.
A kick-out clause is a provision in a home's sales contract that allows sellers to accept an offer with a contingency, generally the home sale contingency, while still showing their home in hopes of receiving a non-contingent offer.
A kick-out clause is a type of contingency, or a condition that must be met in order to go through with a sale, in the purchase agreement. Sellers may be able to give the buyer a certain amount of time – usually 72 hours – to drop the contingency and proceed with the sale.
Parties negotiating a retail lease will often discuss a kick out clause, which allows for termination of the lease before the expiration of the term if a specific sales threshold has not been met by the tenant.
While a kick-out clause offers you some protection and power, it does carry some element of risk. If you choose to accept a backup offer and exercise the kick-out clause, it can take several days before the contract with the first buyer is canceled.
If a person (known in the case as "the petitioner") asks a court to issue a restraining order against you because of alleged domestic violence or other domestic conflict, you are entitled to be notified of the request, to have a court hearing, and to defend yourself. (Temporary orders are an exception; see the explanation below.)
Courts have the authority to issue restraining orders (also referred to as orders of protection) that require a person to stop certain behavior, such as contacting or abusing the person who requests the order. Most restraining orders are issued in connection with domestic violence or conflict in intimate or family relationships, ...
If you violate a temporary restraining order, the petitioner can bring that up in the hearing or even file a motion alleging a violation of the order, making it even harder for you to defend against the request for a permanent order. If you and the petitioner have children together, the temporary restraining order may tell you not ...
A temporary restraining order in a domestic violence situation can restrict contact with the petitioner, as well as child visitation. A hearing for a permanent order usually follows soon. It's essential to obey the temporary order and obtain legal counsel
If the petitioner accuses you of calling or texting repeatedly, your phone records might show otherwise.
These hearings, to which the respondent receives notice, are usually set quickly, so you may have only a week or ten days to make decisions and prepare for the hearing.
gather any physical evidence relating to any incidents or events the petition refers to, such as clothing, photos, videos, and objects.
There typically has to be a good reason to successfully obtain a restraining order, and some of these include: Domestic violence. Elder or dependent adult abuse.
Often associated with domestic violence, restraining orders can be a legal sort of protection for those who feel they are threatened by another individual.
Civil Harassment Restraining Order. These orders are much more broad concerning who the abuser or victim can be and can include less violent behavior than the abuse described above, including any kind of assault, stalking, harassment, threatening behavior, or unwanted communication.
If the judge finds the defendant guilty, then a permanent restraining order may be instated, which can provide provisions specific to keeping the victim safe.
Stay away orders: The restraining order will probably have either a certain distance the defendant must keep from the victim, even if they share it with the protected person, which could include the victim’s: Home. Workplace. School.
Those who are older than 65 or over the age of 18 with certain debilitating mental or physical disabilities may file for a restraining order against their abuser. This abuse can be be financial or physical, whether that be through neglect, abandonment, or depravation of necessities. It’s important to note that others can file for a restraining order in the name of the victim, usually requiring a conservator, attorney-in-fact, guardian, or anyone else legally qualified to do so. This would likely include restrictions on the abuser, such as:
This will usually happen when the police become involved in a domestic violence case where the victim needs immediate protection, but court is out of session for the time being. As such, these generally only last for 24 hours, the weekend, the holiday, or whatever time being until the court is able to again issue restraining orders.
The conceit of the restraining order process is that plaintiffs apply for restraining orders because they’re afraid for their safety. A judge, according to this conceit, may well interpret your action in the most sinister light possible, that is, as a taunt or as a reminder that you’re “still out there…watching.”.
You can do this by mail , by phone , or by visiting the courthouse .
Restraining orders also deny recipients due process, a constitutional privilege guaranteed by the Fifth, Sixth, and Fourteenth Amendments. They furthermore enable the courts to criminally sanction defendants (imprison them) without first affording them their constitutional entitlement to a trial by a jury of their peers. And almost all if not all restraining orders are issued ex parte, which means defendants are deprived of liberty (and often property) prior to being heard by the court. Some defendants, in fact, are never heard. Restraining orders are issued against them without the court’s ever knowing anything about them but their names.
Particularly abominable is when a person (woman) is coerced to file a false restraining order by a police officer or agent of Child Protective Services (CPS) or by a judge.
Yes, because they can be based on testimony that’s impossible to discredit, for example, an emotional state. An allegation of fear, which may be all a plaintiff needs to persuade a judge to approve a restraining order, can’t be disproved. The only defense is to discredit the plaintiff by convincingly showing there are no objective grounds for fear or that s/he has an ulterior motive for alleging it. As painful as it may be, no matter how strained your finances, securing the representation of an attorney is critical to balancing the scales and insuring you at least get a fair shake in a restraining order appeal. Since restraining orders are obtained ex parte— that is, based solely on the word of the plaintiff—the notion that the scales of justice are balanced to begin with is ridiculous.
Yes. See this post for an example case: “ Restraining Orders and the First Amendment: A Female Blogger’s Successful Appeal of a Restraining Order That Labeled Her a ‘Cyber-Stalker’ .”
The plaintiff’s affidavit (written narrative to the court) is often concealed—even from the defendant; but the restraining order itself is publicly accessible, along with any allegations that appear on it (whether true or false).
A judge, who will rule on your restraining order, will preside over the courtroom. A court reporter will also be present, keeping the official record for the courtroom. A deputy sheriff provides security in the courtroom, and the court clerk is in charge of documents and physical evidence and swearing in witnesses. Both the plaintiff and the respondent will most likely – but not necessarily – be present in the courtroom. If the plaintiff is not present, the restraining order will probably be denied, but if the respondent does not appear, the restraining order will probably be automatically granted. Both the plaintiff and the respondent may also have attorneys present.
The respondent will be given the chance to argue against the restraining order. After hearing evidence, the plaintiff also will be given the opportunity to express any conditions she desires be included in the restraining order.
Usually there are two hearings in restraining order cases. A judge typically gives an immediate hearing to the plaintiff, reviewing the paperwork, setting a date for the full hearing and determining whether a temporary restraining order is needed. At a later hearing, both the plaintiff and the respondent have the opportunity to present their case.
Definition of a Petitioner and Respondent in a Legal Document. How to Obtain a Restraining Order in Pennsylvania. Restraining orders are issued by the court to protect victims from further abuse, harassment or stalking. Usually there are two hearings in restraining order cases. A judge typically gives an immediate hearing to the plaintiff, ...
A restraining order hearing works like a trial, without a jury. The plaintiff and defendant both appear before a judge and provide testimony under oath. The judge rules based on the evidence presented.
If the plaintiff is not present, the restraining order will probably be denied, but if the respondent does not appear, the restraining order will probably be automatically granted. Both the plaintiff and the respondent may also have attorneys present.
If granted, restraining orders are typically valid for anywhere from one to five years, depending on state law. In some states, after a year, judges will review restraining orders and determine whether they are still necessary. Unless they are officially rescinded by the court, no provision of a restraining order should be violated.